UK Infringement of EU Directive

Response to this request is long overdue. By law, under all circumstances, Justice and Consumers should have responded by now (details). You can complain by requesting an internal review.

Sabine Kurjo McNeill

Dear Justice and Consumers,

On the Website:
http://ec.europa.eu/atwork/applying-eu-l...

I found:

"Monitoring the application of Union law
Union law is divided into 'primary' and 'secondary' law. Primary law refers in particular to the Treaties that are the basis for all EU action.

Secondary law is derived from the principles and objectives set out in the Treaties and includes regulations, directives and decisions.

Member States have primary responsibility for the correct and timely application of EU Treaties and legislation, and the Commission monitors the application of Union law.

The Commission may take action if a Member State:
• fails to incorporate EU directives into its national law and to report/communicate to the Commission what measures it has taken;
• or is suspected of breaching Union law."
Further, through the link:
http://ec.europa.eu/atwork/applying-eu-l...

Searching for
(1) Member State: [postal address]
Policy Area/Department in Charge: Home Affairs
and decision Type: ‚Formal notice 258 (ex 226)'

I found the infringement number 20140219 with the title:
Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA

(1) I hereby kindly request a copy of this letter. The letter that has been sent from the commission to the UK authorities.

(2) Kindly let me know where I can find the referenced EU law http://eur-lex.europa.eu/homepage.html that is violated and send me a copy of this EU law.

Yours faithfully,

Sabine Kurjo McNeill

Justice and Consumers

Dear Ms Kurjo McNeill,
Thank you for your request for access to documents.
Unfortunately you have not indicated your postal address that is required for registering and handling your request in line with the procedural requirements.
Please send us your full postal address at your earliest convenience. Pending your reply, we reserve the right to refuse the registration of your request.
You may, of course, use directly the electronic form for entering your request:
http://ec.europa.eu/transparency/regdoc/...
Best regards,
HOME Access to Documents team

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Sabine Kurjo McNeill

Dear Justice and Consumers,

My address is [postal address], [postal address].

Apologies for not having seen that I should have submitted that before.

Yours faithfully,

Sabine Kurjo McNeill

Justice and Consumers

Dear Ms Kurjo McNeill,
Thank you for your message. We hereby acknowledge receipt of your application for access to documents, which was registered on 13.03.2015 under reference number GestDem 2015/1564.
In accordance with Regulation (EC) n°1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days.
The time limit will expire on 08.04.2015. In case this time limit needs to be extended, you will be informed in due course.
You have lodged your application via the AsktheEU.org website. Please note that this is a private website which has no link with any institution of the European Union. Therefore the European Commission cannot be held accountable for any technical issues or problems linked to the use of this system.
Best regards
HOME Access to Documents team

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Sabine Kurjo McNeill

Dear Justice and Consumers,

May I remind you that you should have responded to my request by April 03, 2015?

Yours faithfully,

Sabine Kurjo McNeill

Kristina Ronnberg left an annotation ()

Hello,
just in case it's useful: the deadline calculation given by the site is wrong. The correct deadline, as stated in the e-mail you received from the DG, is 8 April. This error occurs because the site does not take into account the fact that the Commission is closed for the Easter holiday between 2 April and 6 April. These days thus do not count towards the 15-day deadline.
While you wait for the answer you could already consult the full version of the Directive in question at http://eur-lex.europa.eu/legal-content/E...

Justice and Consumers

Dear Madam,

Thanks for your kind reminder.
Please note that your requests 2015/1562, 2015/1563 and 2015/1564 are dealt with by DG HOME Affairs (and not by DG JUST, Justice and Consumers).
As indicated to you in the acknowledgment of receipt here below, sent to you on 13/03/2015, to your 3 requests dated 13/03/2015, the deadline for us to reply is 08/04. You will receive our answer today or tomorrow.
Best regards.

Home Access to Documents Team

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Sabine Kurjo McNeill

Dear Justice and Consumers,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Justice and Consumers's handling of my FOI request 'UK Infringement of EU Directive'.

I am dissatisfied with your response, because:

1. I am directly affected by the UK Government's policies and cover-ups of child sexual abuse: I have had to flee UK jurisdiction to avoid imprisonment and risk losing my flat where I lived since 1985.

2. The official collusion and cover-up has been presented to the Petitions Committee three times since 19 March 2014.

3. It is detailed in a report we shall distribute in Brussels asap.

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/uk_in...

Yours faithfully,

Sabine Kurjo McNeill

Justice and Consumers

Dear Ms Kurjo McNeill,

Thank you for your email dated 02/05/2015, registered on 04/05/2015. I hereby acknowledge receipt of your confirmatory application for access to documents (ref.: Ares(2015)1880175 – GestDem 2015/1563 and 1564).

In accordance with Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents, you will receive a response to your request within 15 working days (28/05/2015).

In case this deadline needs to be extended, you will be informed in due course.

Best regards,

ACCESS TO DOCUMENTS TEAM

European Commission
Secretariat General
Unit SG.B4 – Transparency

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Sabine Kurjo McNeill

Dear Justice and Consumers,

Please pass this on to the person who conducts Freedom of Information reviews.

I am RE-writing to request an internal review of Justice and Consumers's handling of my FOI request 'UK Infringement of EU Directive'.

1. I never got an answer.

2. I understand the Infringement Notice has been closed. Does that mean you can disclose the documentation?

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/uk_in...

Yours faithfully,

Sabine Kurjo McNeill

Justice and Consumers

3 Attachments

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    Your confirmatory application for access to documents under Regulation 1049 2001 GESTDEM 2014 1563 1564.html

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    KURJO MCNEILL 2015 1563 1564 signed.pdf

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Dear Ms McNeill,

You have not indicated a GestDem reference number for this inquiry, however, if we are not mistaken, you are referring to the confirmatory application GestDem 2015/1563+1564.

Please note that you received a response to your confirmatory application on 28/05/2015 by email to your personal email address. Please find it attached for your convenience.

The original note was sent to you by registered post on 29/05/2015 that was returned to us on 24/06/2015.

The address is

Ms Sabine Kurjo McNeill
[postal address]
[postal address]
[postal address]
[postal address]

If you could confirm this postal address then we will re-send the original note to you.

Best regards,

ACCESS TO DOCUMENTS TEAM

European Commission
Secretariat General
Unit SG.B4 – Transparency

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Sabine Kurjo McNeill

Dear DG Home Affairs,

THANK YOU VERY MUCH INDEED for your response and explanation re 2015/1563+1564.

Since the proceedings have been closed, this is to ask:

1. who wrote the original Infringement Notice to whom in the UK on 27/01/2014?

2. who responded when?

3. who closed the process and why on 16/07/2015?

4. could you please send me a copy of that closing document?

Please note that I continue to be directly effected personally and require the information for my solicitor.

Yours faithfully,

Sabine Kurjo McNeill

Sabine Kurjo McNeill

Dear Justice and Consumers,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Justice and Consumers's handling of my FOI request 'UK Infringement of EU Directive'.

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/uk_in...

Yours faithfully,

Sabine Kurjo McNeill

Sabine Kurjo McNeill

Dear Justice and Consumers,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing again to request an internal review of Justice and Consumers's handling of my FOI request 'UK Infringement of EU Directive'.

This has been advised by the EU Ombudsman who suggests that procedures should have been finalised.

It thus seems that there is no valid reason for NOT publishing all documents relating to issuing the Infringement Notice: Who, When, Where and Why.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/uk_i...

Yours faithfully,

Sabine Kurjo McNeill

Justice and Consumers

4 Attachments

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  • Attachment

    Your confirmatory application for access to documents under Regulation 1049 2001 GESTDEM 2014 1563 1564.html

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    KURJO MCNEILL 2015 1563 1564 signed.pdf

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Dear Mrs Kurjo McNeill,
 
Please find herewith a copy of our answer to your confirmatory application
GESTDEM 2015/1563-1564 that has been sent to you on 28/05/2015.
Yours faithfully,
 
 
BLURIOT-PUEBLA Madeleine
Cellule 'Accès aux documents'
 
European Commission
SG/B/4 - Transparence

BERL 05/315
B-1049 Brussels/Belgium
+32 2 296 09 97
[1][email address]
 
 

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Sabine Kurjo McNeill

Dear Justice and Consumers,

This is just to ask whether you have received a request from the Ombudsman, since I spoke with him.

I also would like to know whether these Infringement Proceedings are still ongoing and when you anticipate their closure.

Finally, I would like to know whether Brexit might have affected the issue?

Yours faithfully,

Sabine Kurjo McNeill

Justice and Consumers

Dear Mrs Kurjo McNeill,

 

On 28 September 2016, the Ombudsman informed us about your complaint in
relation to your message to the Commission from 26 November 2015. In the
latter message, you seem to ask for a review of the Commission's
confirmatory decision of 28 May 2015 (Ref. Ares(2015)2222287) concerning
your application registered under number GESTDEM 2015/1563 + 1564.

 

Please note that Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents (hereinafter,
'Regulation 1049/2001') does not include any internal review procedure for
confirmatory decisions. The available means of redress had been explained
to you in section 5 of the said confirmatory decision.

 

Kind regards,

 

ACCESS TO DOCUMENTS TEAM (PS)

European Commission

Secretariat General

Unit SG.B4 – Transparency

 

 

 

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Sabine Kurjo McNeill

Dear Justice and Consumers,

Do you expect me to be satisfied with your answer?
I am an EU citizen who thought that civil servants would follow the same Fundamental Charter as elected politicians, i.e. transparent administration. Is that too much to expect?
http://ec.europa.eu/justice/fundamental-...

In the UK, the Independent Inquiry into Child Sexual Abuse is 'chaotic' according to the FT of last weekend: https://www.ft.com/content/c85ebd4c-8700...

But you think it is right to protect the UK Government whose policy is to snatch at least 1,000 children per month?

I presented this problem to the Petitions Committee first in March 2014. Since then, I have been arrested six times, deprived of my pension and have to go through yet more court proceedings, in my defence of children screaming to be heard.

In the spirit of 'transparent administration', human dignity, freedom, democracy, equality, the rule of law and respect for human rights, please do re-consider your decision not to disclose your Infringement Notice.
http://ec.europa.eu/justice/fundamental-...

You are not alone! The UN has criticised the UK Government, too:
https://www.ft.com/content/c85ebd4c-8700...

A more comprehensive report about child safety in the UK is on https://mckenzies4fairness.files.wordpre...

It would be nice to think that you were helping rather than hindering on behalf of future generations.

With many thanks for your understanding,

Yours faithfully,

Sabine Kurjo McNeill

Justice and Consumers

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Dear Ms Kurjo McNeill,

Please see attached reply from D. Giotakos, Head of Unit.

Best regards

 

European Commission

DG Migration and Home Affairs

Access to Documents team

 

 

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Sabine Kurjo McNeill

Dear Mr Giotakis,

EUREKA! THANK YOU!

Now I'd just be interested in learning the following:
1. HOW did the UK transpose into national law the obligations imposed on it by the Directive?
2. What makes the Commission satisfied that national implementation measures APPEARED to be complete?
3. Will only the report reveal that?
4. Have any financial penalties been imposed?

Yours faithfully,

Sabine Kurjo McNeill

Justice and Consumers

1 Attachment

Dear Ms Kurjo McNeill,
Please see attached reply.
Best regards

European Commission
DG Migration and Home Affairs
Access to Documents team

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Sabine Kurjo McNeill

Dear Justice and Consumers,

I have just noticed to my surprise that the Infringement Notice has been taken down from the website.

Would you please let me have an explanation?

Is there another link somewhere?

Could I please have a copy?

With many thanks in advance,

Yours faithfully,

Sabine Kurjo McNeill

Justice and Consumers

Dear Ms Kurjo Mc Neill,
DG HOME is in charge of your requests and deals with all your files.
We have duly transmitted to them you e-mail, but it would be more efficient if in the future you could reply directly to :

DG Migration and Home Affairs
Access to Documents team

The relevant e-mail is in copy in the present communication.

Thanks a lot for your understanding,

DG JUST Access to documents team

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EC ARES NOREPLY, Justice and Consumers

[1]Ares(2017)48061 - Internal review of access to documents request - UK
Infringement of EU Directive [Gestdem 2015/1564] - addition to GESTDEM
2015/4549 - ARES(2016)5995546

Sent by HOME ACCESS DOCUMENTS <[email address]>. All
responses have to be sent to this email address.
Envoyé par HOME ACCESS DOCUMENTS <[email address]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Mrs McNeill,

Thank you for your request for access to documents.

Unfortunately you have not indicated your postal address that is required
for registering and handling your request in line with the procedural
requirements. Please send us your full postal address at your earliest
convenience. Pending your reply, we reserve the right to refuse the
registration of your request.

You may, of course, use directly the electronic form for entering your
request:

[2]http://ec.europa.eu/transparency/regdoc/...

Best regards,

European Commission
DG Migration and Home Affairs
Access to Documents Team

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Sabine Kurjo McNeill

Dear EC ARES NOREPLY,

Many thanks indeed for your prompt replies!

My postal address is
[postal address]
[postal address]

Could you maybe reciprocate by letting me have the email address I should use for efficiency reasons? A copy in your response didn't seem to reach me.

I used to publish a link to the data base where the Infringement Notice was recorded. My main questions are therefore now:

1. has that link been moved / changed or has it been deleted?
2. is there a link to the actual document(s) relating to the Infringement Notice?

Yours gratefully in advance,

Sabine Kurjo McNeill